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Hullar v. Glider Oil Co.
Citations: 219 A.D.2d 825; 631 N.Y.S.2d 971; 1995 N.Y. App. Div. LEXIS 10868
Court: Appellate Division of the Supreme Court of the State of New York; September 29, 1995; New York; State Appellate Court
Judgment and order affirmed with costs. The Supreme Court granted the plaintiff's motion for summary judgment regarding easement rights, ruling that the defendants unlawfully encroached upon the plaintiff's property by constructing two concrete islands and ordered their removal. Under RPAPL 871, a landowner may seek an injunction to remove encroachments. The appropriateness of an injunction is evaluated based on the equities and circumstances of the case. The court found that the construction of the islands violated the terms of the recorded easement, constituting a continuing trespass and unlawful occupation of the plaintiff's land. The plaintiff is entitled to unobstructed use of the property, and an injunction is justified even with nominal damages. The appeal was from the judgment and order of the Supreme Court, Onondaga County, presided by Justice Mordue.